Lovering v. Worthington
Massachusetts Supreme Judicial Court
106 Mass. 86 (1870)
- Written by Rose VanHofwegen, JD
Facts
Joseph Lovering’s will devised three parcels of real estate in a trust to pay income to his daughter Nancy Gay for life, then income to her children for life. After that, the will directed the trustees to distribute the property as each of Nancy’s children died by conveying fee title or distributing the proceeds from selling the property to that child’s heirs at law. Nancy had eight children when Joseph wrote the will. All eight outlived both Joseph and Nancy, who died in 1870. Nathaniel Lovering and another trustee (plaintiffs) brought a bill in equity requesting that the court provide instructions regarding their duties under Joseph’s will, naming Caroline Worthington and others (defendants) as potentially interested parties.
Rule of Law
Issue
Holding and Reasoning (Morton, J.)
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